Chapter 17.10
PROCEDURE
Sections:
17.10.010 Submission for recommendation and approval.
17.10.020 Building permits.
17.10.030 Preliminary plat.
17.10.040 Final plat.
17.10.050 Time limitation for recording.
17.10.060 Conditions stated on plat.
17.10.070 Preliminary development plan as substitute for preliminary plat.
17.10.080 Minor subdivisions.
17.10.090 Lot splits.
17.10.100 Applications for lot splits.
17.10.110 Consideration of lot splits.
17.10.010 Submission for recommendation and approval.
A. All final plats of subdivisions within the corporate limits of Gardner and as defined herein shall be submitted to the Planning Commission for its consideration and its recommendation shall then be submitted to the Governing Body for its official consideration and action.
B. Except as otherwise provided in this chapter, no subdivision may be created nor any plat recorded with the Johnson County Records and Tax Administration (RTA) Office until both a preliminary and final plat have been submitted and approved in accordance with the provisions of this title. Approval of a preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No improvements shall take place within the platted area prior to the submittal and approval of construction plans by the City Engineer. (Ord. 2254 § 2)
17.10.020 Building permits.
A. No building permits shall be issued for unplatted property unless the platting procedures of this chapter are waived by the Planning Commission and Governing Body.
B. Criteria for waiving the requirement for final platting a property for the issuance of a building permit:
1. Building permits for interior improvements to a structure, including basement finishes;
2. Building permits for decks, porches and fences and other minor nonstructural additions to a building;
3. Building permit for a mobile home setup;
4. Reconstruction of a structure destroyed by not more than 50 percent of its appraised valuation through fire, explosion, act of God or the public enemy;
5. Reconstruction of a structure destroyed by more than 50 percent of its appraised valuation through fire, explosion, act of God or the public enemy, when the size and footprint of the replacement structure is substantially the same as the original structure;
6. One-time expansion of the usable square footage of an existing structure by less than 10 percent;
7. Construction of a residential ancillary structure of less than 400 square feet in size. (Ord. 2254 § 2)
17.10.030 Preliminary plat.
A. A preliminary plat of the proposed subdivision shall be prepared by the subdivider or his agent and submitted to the Planning Commission prior to preparation of a final plat for a record. The Commission shall satisfy itself that the proposed street pattern and land use will conform to the community development plan, zoning ordinance and other local standards.
B. The Planning Commission shall adopt by resolution a document outlining submission requirements for preliminary plat applications. This document shall require a specific number of copies of the preliminary plat, outline what information must be shown on the plat, and shall list additional documents or information required to be submitted in support of the application. The Community Development Director or designee may also require additional technical studies not listed on the application as may be necessary to enable the Planning Commission to adequately evaluate the application. The Community Development Director or designee shall have the authority to refuse or table incomplete applications until the required information is submitted. Any application that has been tabled for more than 60 days shall be considered to have been withdrawn.
C. The Commission shall approve or deny the preliminary plat as submitted or may approve the plat as submitted subject to specified changes. Upon denial, the subdivider may appeal the Commission’s decision to the Governing Body who may affirm or reverse the same. Upon approval, any objector may appeal the Commission’s decision to the Governing Body who may affirm or reverse the same.
D. Approval of the preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No grading for streets or construction of improvements shall take place in the subdivision prior to the submittal to and approval of construction plans by the City Engineer.
E. Approval of the preliminary plat is effective for one year, unless the Planning Commission grants an extension. If a final plat is not submitted for approval within one year of the approval of the preliminary plat, the preliminary plat must be re-submitted to the Commission. (Ord. 2365 § 1; Ord. 2254 § 2)
17.10.040 Final plat.
A. After the preliminary plat has been approved by the Planning Commission, or by the Governing Body on appeal, a final plat for record shall be prepared and submitted to the Planning Commission and, upon approval, to the Governing Body for final approval. The final plat may contain all or a portion of the area contained in the preliminary plat. The final plat must conform to the street patterns, lot size and pattern and other conditions of the preliminary plat as approved.
B. The Planning Commission shall adopt by resolution a document outlining submission requirements for final plat applications. This document shall require a specific number of copies of the final plat, outline what information must be shown on the plat, and shall list additional documents or information required to be submitted in support of the application. The Community Development Director or designee may also require additional technical studies not listed on the application as may be necessary to enable the Planning Commission to adequately evaluate the application. The Community Development Director or designee shall have the authority to refuse or table incomplete applications until the required information is submitted. Any application that has been tabled for more than 60 days shall be considered to have been withdrawn. (Ord. 2365 § 2; Ord. 2254 § 2)
17.10.050 Time limitation for recording.
A. Any plat of a subdivision of land approved by the Governing Body shall be recorded within 24 months after approval.
B. Any plat not recorded within 24 months from the date of acceptance of easements and rights-of-way by the Governing Body shall be null and void. (Ord. 2254 § 2)
17.10.060 Conditions stated on plat.
All conditions to approval of a subdivision by the Planning Commission which run with the land or the acceptance of dedications of land by the Governing Body, and all rule exceptions granted by the Planning Commission, shall be clearly stated on the final plat prior to its recording by appropriate City officials. (Ord. 2254 § 2)
17.10.070 Preliminary development plan as substitute for preliminary plat.
Where property has been zoned to a planned zoning district, an approved preliminary development plan may substitute for a preliminary plat where said preliminary development plan contains all information required for preliminary plats. (Ord. 2254 § 2)
17.10.080 Minor subdivisions.
Minor subdivisions may be presented by combining the preliminary and final plat. For purposes of this section, a “minor subdivision” shall mean a subdivision containing not more than three lots. (Ord. 2254 § 2)
17.10.090 Lot splits.
A. A previously platted lot may be divided as a lot split by either metes and bounds description or by replatting. If such a lot is to be divided by metes and bounds description, it may only be divided one time and by only one new dividing lot line, and shall not again be divided without replatting. Any such lot split need not comply with the procedures set out in this title for platting. All lots produced by a lot split shall conform to all minimum standards of this title and other applicable codes of the City. Two-family dwellings which otherwise comply with the ordinances of the City may be divided at the party wall as to ownership and owned as separate dwelling units by separate owners and such ownership shall not constitute violation of the lot and yard requirements of Title 18, Zoning. No building permit shall be issued for a lot produced by a lot split until the lot split has been reviewed and approved by the Community Development Department in accordance with this chapter.
B. Lots zoned for industrial purposes may be divided into two or more tracts without replatting such lot; provided, however, that the lot so produced shall conform to all minimum standards of this title and other applicable codes of the City. (Ord. 2365 § 3; Ord. 2254 § 2)
17.10.100 Applications for lot splits.
Applications for lot splits shall be accompanied by five copies of a drawing to scale depicting the lots, structures and existing utility easements located on any part of the lot being split, together with the precise nature, location, dimensions and legal descriptions of the new lots to be created. In addition, prior to submittal, applications for lot splits shall be signed by the various public or private utilities and the City’s Public Works Director to establish the existence of adequate public easements and facilities to serve the resulting lots. (Ord. 2365 § 4)
17.10.110 Consideration of lot splits.
A. The application shall be approved if it is determined that the lot has not been previously split, that the new lots so created conform to the requirements of this chapter, and that adequate street rights-of-way and easements exist to serve the properties. No lot split shall be approved if any of the following conditions exist:
1. A vacation of streets, alleys, utility easements or other public reservations is required or proposed;
2. The split will result in a lot without access to a street or with access that impacts the safe conduct of traffic;
3. Such action will result in a lot being split into more than two tracts, except as may be otherwise provided by GMC 17.10.090.
B. For those lot splits which result in significant increases in service requirements (e.g., utilities, schools, or traffic controls), or which will interfere with maintaining existing service levels (e.g., additional curb cuts or repaving), or which propose private easements for access or utilities, review of the lot split by the Public Works Department may be required. Such determination shall be made by the Community Development Director or designee.
C. The Community Development Director or designee may make such additional requirements as are deemed necessary to carry out the intent and purpose of existing land development regulations and Governing Body policies where such requirements are reasonably related to the development of the properties. Such requirements may include, but are not limited to, installation of public facilities, dedication of right-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision.
D. All applications for lot splits shall be acted upon by the Community Development Director or designee within 30 days after receipt of a complete application. If the application is approved, the Community Development Director or designee shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy shall be filed by the applicant with the Community Development Department and the Register of Deeds of Johnson County. Denial of an application for a lot split by the Community Development Director or designee may be appealed to the Planning Commission, which shall act on the appeal within 30 days following the filing. All decisions of the Planning Commission shall be final. (Ord. 2365 § 5)